Charles Church Developments Ltd v Stent Foundations Ltd & Anor

Charles Church Developments Ltd v Stent Foundations Ltd & Anor

The court has discretion to allow amendments after expiry of the limitation period if the new cause of action arises out of substantially the same facts as are already in issue, including facts pleaded by any defendant. The amendments sought by Charles Church meet this threshold and should be allowed.

Parties
Claimant: Charles Church Developments Limited; First Defendant: Stent Foundations Limited; Second Defendant: Peter Dann Limited
Jurisdiction
England and Wales
Judgment Date
05 December 2006
Procedural Posture
Civil / Application for Permission to Amend Particulars of Claim After Expiry of Limitation Period
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Limitation of Actions, Negligence, Breach of Contract
Civil Procedure Construction Law Amendment of Pleadings Limitation of Actions Negligence Breach of Contract

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Parties

Charles Church Developments Limited

Claimant

Stent Foundations Limited

First Defendant

Peter Dann Limited

Second Defendant

Procedural Posture

Civil / Application for Permission to Amend Particulars of Claim After Expiry of Limitation Period

Legal Issues

  1. 1 Whether the claimant can amend particulars of claim to add a new cause of action against a defendant after expiry of the limitation period based on facts pleaded by another defendant
  2. 2 Interpretation of section 35(5)(a) of the Limitation Act 1980 and CPR r 17.4(2)

Ratio Decidendi

The court has discretion to allow amendments after expiry of the limitation period if the new cause of action arises out of substantially the same facts as are already in issue, including facts pleaded by any defendant. The amendments sought by Charles Church meet this threshold and should be allowed.

Court Disposition

Application granted

Orders

  • Charles Church permitted to make all proposed amendments, including those opposed by Stent.
  • Stent granted permission to appeal to the Court of Appeal.